BRUNO v. 3 WEST 35th CO., LLC

Docket No. 113633/08.

2009 NY Slip Op 33348(U)

SABRINA BRUNO, Plaintiff, v. 3 WEST 35TH COMPANY, LLC and M&S 276 CORP. d/b/a CAFÉ AU BON GOUT, INC., Defendants.

Supreme Court, New York County.

Filed July 9, 2009.


EMILY JANE GOODMAN, Judge.

Defendant M&S 276 CORP. d/b/a Café Au Bon Gout, Inc. ("the moving defendant") moves to dismiss plaintiff Sabrina Bruno's complaint in this slip and fall action, on the grounds that the court lacks jurisdiction over the defendant under CPLR 3211(a)(8).

For the reasons stated herein, the court orders a reference to decide: 1) whether the process server inquired if Charlie Chung was authorized to accept service on behalf of...

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